Article 97 of the GDPR: Review and evaluation of the regulation by the European Commission
Article 97 of the GDPR explained
The European Commission must, no later than May 25, 2020, then every 4 years:
- Evaluate the application of the GDPR in all Member States,
- Present a report to the European Parliament and the Council,
- Propose modifications if necessary, taking into account new technologies, digital technology, the information society, etc.
The Commission can also consult the European Data Protection Board (EDPB) and the European Data Protection Supervisor as part of this evaluation.
Why is this article important for your GDPR compliance?
This article ensures that the GDPR doesn't become obsolete faced with the rapid evolution of technologies. Potential revisions resulting from this mechanism may modify the obligations of data controllers and affect your internal procedures.
How to comply with Article 97 of the GDPR?
- Make one active legal and regulatory monitoring, particularly on publications from the European Commission.
- Anticipate them possible legislative changes by collaborating with a DPO or compliance expert.
- Regularly update your internal policies and your processing register according to regulatory developments.
Examples of application of Article 97 of the GDPR
- A company adapts its data retention policy after publication of a Commission report recommending stricter supervision.
- A public body is setting up a monitoring unit to monitor European recommendations on data security resulting from the GDPR assessment.
- An association adjusts its practices in response to an amendment proposed by the Commission during a quadrennial review.
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